Sec 26 PWDV Act In Civil Suit
Querist :
Anonymous
(Querist) 02 August 2011
This query is : Resolved
"A" ,a daughter-in-law has filed a civil suit against "B" her mother-in-law for Permanant and Mandatory Injuntion restraining "B" from disposing off and dispossesssing "A" from the suit property. "A" got stay order in her favour from the court.
"A" has also filed a complainnt U/S 26 of PWDV Act-2005 for relief U/S 18,19,20 & 22 in the same suit against "B" ,her two daughters and one son-in-law. The Court issued C/N to all the four respondents. All the four respondents filed reply through Counsel of "B" in the same suit. But the Counsel of "B" has filed Vakaltanama on behalf of "B" only as he has been representing "B" in the same civil suit.
1.Is the joint reply filed by all the four respondent through B's Counsel acceptable ?
2. Can the court pass order against other three respondents Ex-Party as they niether appeared before the court personally nor filed the reply through Counsel duly appointed by them.
Kindly advise.
Raj Kumar Makkad
(Expert) 04 August 2011
If no vaakaltnama is with the counsel then 3 parties other than B can be proceeded ex-parte on the insistence of A.
